Purpose and Authority

By the authority vested in the Section 402 of the Town Charter of Berwyn Heights, the Town Council presents the following Clean Lot Ordinance designed to protect the health, safety, and welfare of Town residents from the excessive accumulation of weeds, litter, garbage, rubbish and refuse on public or private property within the corporate limits, including any structures thereon.
 

 Applicability of Ordinance

The provisions herein shall apply to any unimproved real property and to any improved real property located within the corporate limits of Berwyn Heights.
 

Declaration of Legislative Interest

The Town Council finds and determines that excessive accumulation of weeds, garbage, litter and/or rubbish, and abandoned, junked or wrecked motor vehicles on improved and unimproved property, including any structures thereon readily threatens or endangers the public health, safety or welfare, and is hereby prohibited and declared to be a public nuisance subject to the penalties and procedures hereinafter prescribed.
 

Definitions

In this Ordinance, the following words have the meanings indicated. Where terms are not defined, they shall have their ordinarily accepted meanings such as the context may imply.

A. Abandoned, junked or wrecked motor vehicles means any motor vehicle, which is without current license tags; inoperable; dismantled; or wrecked.

B.  Exterior property areas means all areas external to improved or unimproved property including Town right-of-way and adjacent street curb and gutter. This definition specifically excludes any trees along the Town right-of-way.

C. Garbage means human or animal feces; or the animal, mineral or vegetable waste resulting from the handling, preparing, cooking and serving of foods.

D. Litter and/or rubbish means all combustible and noncombustible waste materials, except garbage; and the term shall include but not be limited to rags, paper, cartons, boxes, packing material, rubber, appliances or furniture, motor vehicle parts, building and construction waste, yard and lawn clippings, dead trees and branches, the residue from burning of wood, coal, coke, and other combustible materials which:

1) Create or tend to create a danger to the public health, safety, welfare or property, to the extent and in the manner that a lot, tract, or parcel of land is, or may become, infested or inhabited by rodents, vermin or wild animals; or

2) May reasonably cause disease; or

3) Adversely affects and impairs the economic welfare or status of adjacent property or the neighborhood; or

4) May reasonably constitute a present or potential fire hazard.

E. Owner means one who has complete dominion over particular property and who is the one in whom legal or equitable title rests, when applied to a building or land. Owner means any part owner, joint tenant in common, tenant by the entireties, or joint tenant, of the whole or part of such building or land.

F. Paved Parking Area means any asphalt, bluestone, bricks, brick pavers, pervious pavers, crushed gravel, poured concrete, other hard rock surface or other masonry-like material completed in a workmanlike manner, rolled to a smooth or level surface and maintained free of loose materials, or excessive vegetative growth situated on the property behind the property line and located and accessed in accordance with the provisions of the Prince George’s County Zoning Ordinance.

A paved parking area must be accessed by a curb cut unless granted an exception by the Town Council. The curb cut shall be constructed of poured concrete completed in a workmanlike manner, situated totally within the public right-of-way, where applicable, constructed in accordance with Subtitle 4: Building Code of the Prince George’s County Code and located in accordance Prince George’s County Zoning Ordinance.

G. Person means any individual, natural person, legal entity, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, owner, occupant, or any other group acting as a unit, principal or agent, or the manager, lessor, lessee, agent, servant, partner, member, director, officer or employee of any of them including an executor, administrator, trustee, receiver, or other representative appointed according to law.

H. Town Council means the Town Council for Berwyn Heights.

I. Weeds means grass, weeds, brush or any noxious growth. This excludes properly tended trees, ornamental shrubs, plants, flowers, vegetable plants, or undisturbed woodland, not otherwise in violation.

J. Public Nuisance means situation, condition or action whereby a resident creates an environment that is unsafe or threatens the health and welfare of the surrounding area or disturbs the public peace 

K. Agent means any person or company designated by the owner to act for them.
 

Violations

The following are considered violations of this Ordinance:

A. All exterior property areas shall be maintained in a clean, safe and sanitary condition, free from any accumulation of litter/rubbish or garbage.

B. All exterior property areas shall be properly maintained and no grass or weeds more than ten (10) inches tall, other than garden and yard plantings properly maintained by the owner/occupant, shall be allowed to accumulate or grow on any private property in the Town of Berwyn Heights. No vegetation shall be allowed to grow in or into the public curb or gutter.

C. It shall be unlawful for any person to abandon any vehicle any place in the corporate limits of the Town.

D. No owner, lessee or occupant shall permit an abandoned, wrecked or junked vehicle to remain on such property except enclosed in a garage or in a driveway, properly and completely covered with an opaque cover to be out of public view. Such vehicles, not enclosed in a garage, shall be limited to two (2) per residence.

E. Exterior property areas shall not be utilized for the storage of motor vehicle parts.

F. Exterior property areas shall not be utilized for the open storage of building materials, bathroom or kitchen fixtures, furniture, or lawn and garden equipment for more than fifteen (15) days, irrespective of age or condition, except for routine garden maintenance equipment, outdoor lawn furniture, or materials used in construction or renovation projects with County and Town permits.

G. The storage of wood and other materials not prescribed by this article including compost piles shall be accomplished in a manner designed to avoid rodents, termites and other insect infestation. Wood shall be stored at least six (6) inches above the ground. All exterior property areas shall be kept free of debris to prevent infestation by rodents, vermin, insects and other pests. If found, they shall be promptly exterminated by the property owner by acceptable processes, which will not be injurious to the health of humans or animals.

H.  t shall be the responsibility of any property owner, lessee, agent, or other occupant, who possesses animals on any property in the Town of Berwyn Heights, to keep said animals in a sanitary condition.

All shrubbery located on exterior property areas shall be maintained in such a way so as not to pose a danger or obstruction to an adjoining property, persons walking on designated walking areas or visibility at an intersection or along a street.

J. Grassy yards or other unpaved areas shall not be used for the parking of boats, motorcycles, motor vehicles of any type, trailers or similar items on a residential property except during a “snow emergency”. All wheels of said vehicle(s) must be parked on an approved paved parking area in order to be in full compliance with this Ordinance.

Exempted are vehicles, such as boats, trailers or other currently registered seasonal or recreational vehicles, for which a written permit shall have been obtained from the Town Administrator. Such permit shall be issued only for good cause and for a period not exceeding seventy-two (72) hours, or unless a written permit for a longer period shall have been granted by action of the Mayor and Council. In cases of unusual circumstances, the Mayor and Council may grant a long-term permit for a period not exceeding one year, and such permit may be renewed only by action of the Mayor and Council.

K. No owner shall allow unattended structures or property to become a public nuisance, safety or health hazard or condition to encourage trespassing.
 

Enforcement

A. It shall be the duty and responsibility of the Town to enforce the provisions of this Ordinance as herein provided.

B. Any Town code enforcement official or police officer shall be authorized to enforce Section 5. J. of this Ordinance. Any code enforcement official or police officer is hereby authorized to place an infraction notice on a motor vehicle of any type, including a motorcycle, boat or trailer parked in violation of this Section of the Ordinance. If the entire vehicle or any wheels of said vehicle are not removed from an unpaved area or brought into compliance with the provisions of the Ordinance, the code enforcement or police official shall be empowered, after issuing a warning notice for the initial infraction, to issue an immediate fine to the owner of the real property every twenty-four (24) hours from the issuance of the warning notice until the vehicle is in compliance in accordance with the fine schedule set forth in the Clean Lot Fine Schedule resolution. In the event of a repeat offense within a 12 month period, the code enforcement or police official is authorized to issue an immediate fine to the owner of the real property.

C. The Mayor and Council may waive applicability of this Ordinance to a property on application of the property owner if:

  1) Adequate notice is given in a form and manner specified by the Town;

  2) The owner is afforded an opportunity to comment on the complaint either in writing or in person; and

Notice of Violations and Penalty for Violations

A. Whenever the Code Enforcement Official or designated representative determines that there are reasonable grounds to believe that there has been or is a violation of any provision of this Ordinance or of any rule or regulation adopted pursuant thereto, the Code Enforcement Official shall give notice of such alleged violation to the person or persons responsible therefore, as herein after provided unless otherwise noted in this Ordinance. Such notice shall:

  1) Be in writing;

  2) Include a description of the real property sufficient for identification;

  3)  Include a statement of the reason why it is being issued; and

  4) Allow time, as set forth in this Ordinance, for the performance of any act it requires

  5) Such notice shall:

  a) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this Ordinance and with the rules and regulations adopted pursuant thereto.

  b) Contain the requirement that the violation must be fully corrected within fifteen (15) days from the date of the notice and that, in the event the owner fails to do so within the fifteen (15) day period, a second notice shall be sent advising the owner of the imposition of a charge or fine payable to the Town. In the event that the violation is not fully corrected within fifteen (15) days of the date of the second notice, a third notice shall be sent advising the owner of the imposition of a further charge or fine.

Each additional fifteen (15) days that this violation exists will constitute an additional charge or fine. For each additional prescribed period that the violation is not fully corrected, notice will be issued of the charge or fine amount as due and payable to the Town of Berwyn Heights. Fines for failure to take remedial action shall be established by resolution of the Town Council and shall not exceed the amount of one thousand dollars ($1,000.00). Failure to pay fine(s) will result in the amount of any fine(s) imposed being recorded as a lien against the property and collected in the same manner as delinquent Town taxes.

  6)  In cases where the Code Enforcement Official determines there has been a violation of Section 5. B. whereby grass or weeds is more than ten (10) inches tall, such notice shall:

  a) Contain an outline of the remedial action which, if taken, will effect compliance with the provisions of this Ordinance and with the rules and regulations adopted pursuant thereto; and

  b)  Contain the requirement that the violation must be fully corrected within ten (10) days from the date of the notice and that, in the event the owner fails to do so within the ten (10) day period, a second notice shall be sent advising the owner of the imposition of a charge or fine payable to the Town. In the event that the violation is not fully corrected within seven (7) days of the date of the second notice, a third notice shall be sent advising the owner of the imposition of a further charge or fine. Each additional seven (7) days that this violation exists will constitute an additional charge or fine. For each additional prescribed period that the violation is not fully corrected, notice will be issued of the fine amount as due and payable to the Town of Berwyn Heights. Fines for failure to take remedial action shall be established by resolution of the Town Council and shall not exceed the amount of one thousand dollars ($1,000.00). Failure to pay fine(s) will result in the amount of any fine(s) imposed being recorded as a lien against the property and collected in the same manner as delinquent Town taxes.

 7)  In cases where the Code Enforcement Official determines that a property has been vacant for fifteen (15) consecutive days and is in violation of provisions of this Ordinance, such notice shall:

 a) Contain an outline of the remedial action that, if taken, will effect compliance with the provisions of this Ordinance and with the rules and regulations adopted pursuant thereto; and

  b) Contain the requirement that the violation must be fully corrected within ten (10) days from the date of the notice and that, in the event the owner fails to do so within the ten (10) day period, a second notice shall be sent advising the owner that if the violations are not corrected within five (5) days from the date of the second notice, the Town of Berwyn Heights shall have the right to enter upon the premised to abate any and all violation, the cost of which will be charged to and borne by the property owner and failure to pay these costs within ten (10) days of the date of notification will result in the filing of a lien against the property and collected in the same manner as delinquent Town taxes.

B. Abatement of Original Violation by Town. The Town of Berwyn Heights shall have the right, after thirty (30) days of continued violation, to enter onto the premises of the property in violation to abate any violation, the costs of which will be charged to the property owner. Failure to pay these costs within ten (10) days will result in the filing of a lien against the property and collected in the same manner as delinquent Town taxes. Repeat violations may be abated in twenty-one (21) days and any subsequent repeat violations may be abated immediately. Abatement by the Town does not constitute compliance as defined in Section 7.A. (5) or 7.A. (6). Action for abatement under Section 5. K. may include the boarding up or razing of buildings on premises. Where a clean lot problem is refuse improperly put out for collection, the right to abate and collect costs will be as prescribed in Ordinance 117 – Refuse Collection.

C. Service of notice that dwelling is in violation shall be as follows:

  1)  By delivery to the owner or agent personally or by leaving the notice at the usual place of abode of the owner or office of agent with a person of suitable age and discretion who shall be informed of the intent thereof; or

  2) By certified or registered mail addressed to the owner or agent at the address provided to the Town by the owner as required by this Ordinance with postage prepaid thereon with return receipt requested, or if said letter is returned with receipt showing non-delivery, then

  3)  By posting a copy of the notice in a conspicuous place on the premises affected by such notice.

Repeat Violations

A. Unless otherwise noted in this Ordinance, any violations reoccurring within a twelve (12) month period shall be considered a repeat of the original violation. It shall be the responsibility of any owner or responsible person duly notified under the provisions of this section to fully correct the repeat violation charged within seven (7) calendar days from the date the notice for the repeat violation.  Any subsequent repeat violation will be cause for immediate fine as set forth in Section 7.

B. Upon noncompliance of the violation notice within the time limits imposed in this Section, a second notice shall be issued, in accordance with the notice requirements of this Ordinance, advising the person found in violation of the imposition of a fine payable to the Town of Berwyn Heights. In the event that the violation has not been fully corrected within the period prescribed in the second notice, a third notice shall be issued, in accordance with the notice requirements of this Ordinance, advising the person found in violation of the imposition of a further charge or fine payable to the Town of Berwyn Heights.

For each additional prescribed period that the violation is not fully corrected, notice will be issued of the fine amount as due and payable to the Town of Berwyn Heights. Fines for failure to take remedial action shall be established by resolution of the Town Council and shall not exceed the amount of one thousand dollars ($1,000.00). Failure to pay fine(s) will result in the amount of any fine(s) imposed being recorded as a lien against the property and collected in the same manner as delinquent Town taxes. 

C. Abatement of subsequent violations. The Town of Berwyn Heights shall have the right, after thirty (30) days of continued violation, to enter onto the premises of the property in violation to abate any violation, the costs of which will be charged to the property owner. Failure to pay these costs within ten (10) days will result in the filing of a lien against the property and collected in the same manner as delinquent Town taxes. Repeat violations may be abated in twenty-one (21) days and any subsequent repeat violations may be abated immediately. Abatement by the Town does not constitute compliance as defined in Section 7. A. (5) or 7. A. (6). Action for abatement under Section 5. K. may include the boarding up or razing of buildings on premises
 

A. Any person affected by any notice of violation may elect to appeal to the Town Council.

  1) Any person affected by any notice of violation which had been issued in connection with the enforcement of any provision of this Ordinance may request and shall be granted a hearing on the matter by the Town Council, provided that such person

shall within ten (10) days after service of a notice of violation, file with the Town Council a signed written notice of appeal, requesting a hearing and setting forth a brief statement of the reasons therefore. Upon receipt of such notice of appeal, the Town Council shall set a time and place for such hearing and shall determine appeals as promptly as practicable. The Town Council, with a quorum present, shall hear appeals.

  2) After such hearing the Town Council may, by a majority of members present, affirm, amend, modify or withdraw the notice of violation that has been appealed. Any person who shall fail, refuse or neglect to comply with the decision of the Town Council shall be guilty of violating the provisions of this Ordinance.

  3) In the event a person wishes to contest the decision of the Town Council, he or she may notify the Town of his or her intent within ten (10) days after the rendering of the decision by the Town Council. In that event the Town shall issue a municipal infraction citation to the aggrieved person who may request a hearing in the District Court of Maryland pursuant to the Municipal Infraction procedure. The decision of the Town Council in such a case shall be stayed, pending a decision by the District Court. To the extent of this Section of the Ordinance, all violations of this Ordinance will be considered municipal infractions of the Town.

Separability

If any section or part of a section of this Ordinance shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Ordinance.
 

Fine Schedule for Ordinance 107 - Clean Lot as amended 5-14-08

Resolution No. 04-2008

The fine schedule is as follows:

All clean lot violations (except high grass)

Ordinance No. 107 requires that all exterior areas shall be maintained in a clean, safe and sanitary condition, free from any accumulation of litter/rubbish or garbage. Items that shall not be left in the yard include abandoned, wrecked or junked vehicles, motor vehicle parts, building materials, furniture, fixtures and garden equipment. Also prohibited are compost and wood piles not designed to prevent rodent and insect infestations.

•  Repeat violation within 12 month period

High grass violations (grass exceeding 10" in height)

Ordinance No. 107, Section 5.B, requires that grass or weeds, other than garden and yard plantings, shall not exceed 10" in height and shall not be allowed to grow into the public curbs and gutters.

•  Repeat violation within 12 month period

Parking on grass or unpaved areas violation

Ordinance No. 107, Section 5.J, forbids the parking of motor vehicles of any type, boats, trailers or similar items on grassy or other unpaved areas of the yard. All wheels of said vehicles must be on an approved parking area to be in compliance with the Ordinance.

• Repeat violation within 12 month period

Adopted: May 14, 2008
Effective: June 3, 2008